Civil Rights and Discrimination Commons^™

State V. Hayes: Privacy Of The Mind And The Incompetent Defendant, Maine Law Review

Maine Law Review

Although numerous jurisdictions have faced the question of whether a criminal defendant can be considered competent to stand trial when his competency is medically induced, the question of whether the state may force the accused to take competency-inducing medication during trial over the pretrial objections of the defense is relatively novel. Confronted with that issue recently, the Supreme Court of New Hampshire in State v. Hayes held that the state could compel a criminal defendant to take psychotropic drugs' necessary to maintain competency if the jury was informed about the use of medication. It is clear from the New Hampshire …

The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu

Maine Law Review

Municipal governments in almost all parts of the country are frequently inclined to exercise their police, spending, and policymaking powers in an impermissibly exclusionary manner. Their objective in many instances is simply to keep population growth and local property taxes down. In Maine these tendencies are very much in evidence. This misuse of local governmental powers is almost totally predicated on a misconception of the status of local governments and the purposes for which they exist. Local governments are not sovereign. They are not independent units of government. They are subunits of state government, creatures of the state analogous to …

Bakke, Lochner, And Law School: The Nobility Clause Versus A Republican Form Of Medicine, James E. Lobsenz

Maine Law Review

Alan Bakke, an unsuccessful medical school applicant, filed suit challenging the constitutionality of the minority admissions program administered by the Medical School of the University of California at Davis. The practice of reserving sixteen special places for minority students out of a total of 100 positions in the entering class, Bakke contended, constituted a denial of the equal protection of the laws guaranteed by the fourteenth amendment to the United States Constitution. Bakke's suit afforded the justices of both the California Supreme Court and the United States Supreme Court a unique opportunity to examine the substantive nature of the "equality" …

A Response To Professor Delogu: Is Impermissible Exclusion A Reality In Maine?, Madge Baker

Maine Law Review

A basic premise of Professor Orlando Delogu's article, The Misuse of Land Use Control Powers Must End: Suggestions for Legislative and Judicial Responses, is that many Maine municipalities are using their land use regulatory powers in impermissibly exclusionary ways. Professor Delogu proposes that the legislature and courts of Maine should respond to correct the situation. This Commentary will attempt to illustrate that Professor Delogu has failed to document his premise or to define accurately the difference between permissible and impermissible exclusion. He is unable, therefore, to substantiate the need for state intervention in an area of law traditionally delegated to …

A Final Note On The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu

Maine Law Review

The Baker criticism of my article is flawed in several major respects. First, while tacitly accepting the basic premise of the article that impermissible exclusion may be achieved by local misuse of a wide variety of facially permissible land use control tools, Ms. Baker argues that merely because the article did not demonstrate a sufficient degree of misuse in Maine, the corrective measures suggested are unwarranted. But a full reading of the article makes clear that no such exhaustive indictment of Maine towns was intended. The article was not an empirical study. The article intended to point out a widening …

The Prima Facie Case Approach To Employment Discrimination, Joanne F. Cole

Maine Law Review

Employment discrimination litigation has increased dramatically during the past decade. Under Title VII of the Civil Rights Act of 1964—Congress' sweeping prohibition of discrimination in employment decisions on the basis of race, color, religion, sex, or national origin –older federal civil rights statutes and state counterparts to Title VII, courts have developed discrete, cognizable theories of discrimination. An analytical framework has also developed by which to evaluate the facts, innuendoes, and statistics that constitute the claims and defenses in a discrimination case. Within the generally accepted approach to the evidence, however, there is no consensus about the weight each element …

Perspectives On Older Workers: Maine's Prohibition Of Mandatory Retirement, Susan Dana Kertzer

Maine Law Review

The 1978 Amendments to the federal Age Discrimination in Employment Act (ADEA), which generally prohibit mandatory retirement before the age of seventy, have been criticized as proposing to "extend freedom of choice by restricting freedom of contract. Despite such criticisms and other less philosophical objections to the Act, the 108th Maine Legislature in 1977 passed the first part of a legislative program which, as of January 1, 1980, prohibits all mandatory retirement in Maine, in both the public and private sectors. Emphasizing the parallels between age discrimination legislation and other civil rights legislation, one of the bill's senate supporters acknowledged …

Beware Of The Dangers Of The State-Created Danger Doctrine: A Look At The Ninth Circuit's Approach, Julia Steiner

University of Miami Law Review

The Fourteenth Amendment applies to state, not private, actors. It, like the whole of our Constitution, operates as a negative restraint on government. The Due Process Clause thus forbids states from taking certain action—but it does not and cannot compel the state to act ab initio. These core concepts formed the basis of the Supreme Court’s decision in DeShaney v. Winnebago County, where the Court reaffirmed that the only instance where the state assumes an affirmative duty to provide safety and security is when the state itself restrains an individual from protecting themselves.

Yet, since DeShaney, the circuit …

The Development And Consequences Of The "Good Faith" Exception To The Exclusionary Rule And The Qualified "Good Faith" Immunity From Liability Under Section 1983, Philip M. Coffin Iii, Paul F. Driscoll

Maine Law Review

The remedies fashioned to redress violations of the fourth amendment to the United States Constitution continue to be the subject of much judicial, legislative, and scholarly inquiry. In striking the balance between the need to protect individual freedom and the need to protect society from criminal activity, the Supreme Court and Congress have developed two principal remedies for fourth amendment violations: the exclusionary rule and civil actions under 42 U.S.C. § 1983 or under theories of constitutional tort. on the development of both of these remedies it is assumed that their effectiveness is the true measure of fourth amendment liberties. …

This Is Not History

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Resilience Against Neglect

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Violence And Artistic Resistance, Tucker Brown

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Power Of Poetry, Madison Haji

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Cointelpro's Assassination Of Fred Hampton

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

What's Going On, Jesse Spadaccini

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Importance Of Multicultural Clubs At Pc, Courtney Wight

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Freedom Lyrics, Lily Allan

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Flourish, Chanel Perez

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Uncovering The Covered, Matthew Ouellette

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Beyond The Game: Black Power In Sports

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Incarceration As New Jim Crow, Courtney Butts

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Real History: A Freedom School Curriculum

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

The Growth Of African American Nurses

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Black Symbols: From The Civil Rights Movement To Now

The Civil Rights Movement (HIS/BLS 347) Zine Project

No abstract provided.

Gender-Responsive Treatment For Girls And Women Within The Criminal Justice System, Kylie R. Huelsmann

SACAD: Scholarly Activities

There is a need for improved gender-responsive approaches for women and girls in the criminal justice system, especially for women of color and transgender individuals. Traditional programs built around men often neglect the unique challenges faced by these populations, such as substance use disorders, mental health conditions, trauma histories, and acting as caregivers. Women, in particular, experience higher rates of recidivism and barriers to successful reintegration. Trauma-informed and evidence-based programs that address mental health, addiction, and family support, ultimately lead to more effective rehabilitation and reduce recidivism for women and girls after adjudication.

Examining The Evidence: The Case Of Marcellus Williams And The Pursuit Of Justice, Star Parham

SACAD: Scholarly Activities

The case of Marcellus Williams, the case of a Missouri man killed on death row, has sparked many legal and ethical concerns. Those concerns are wrongful convictions, forensic evidence, and the orchestration of the death penalty in the United States. Willimas was convicted in 2001 for the murder of Felicia Gayle based on evidence of circumstances and testimony from informants. Despite all of that Missouri officials pursued the execution, and he was killed.

What’S Past Is Prologue: The Effects Of Shelby County V. Holder In Georgia, Jane Delworth

SLU Law Journal Online

The Supreme Court’s decision in Shelby County v. Holder, which struck down Section 4 and, by extension, Section 5 of the Voting Rights Act, created a clear path for discriminatory voting laws to take hold. This article explores how the Supreme Court decision paved the way for second-generation barriers to voting, which legally diminish the influence of minority voters and in some cases, effectively block their participation altogether. It also examines Georgia’s role as a key state advancing these second-generation barriers to voting, alongside proposed legislation aimed at preventing these discriminatory practices before they can impact voters.

Algorithmic Bias In Hiring: Amending Title Vii To Prohibit Ai Discrimination, Michael H. Leroy

Journal of Legislation

I propose amendments to Title VII to address discriminatory hiring related to AI technologies. Section 703(c)’s definition of an “employment agency” should be modified to include “any person who uses artificial intelligence” to procure employees. I also propose a new definition in section 703 that incorporates the expansive definition of AI in 15 U.S.C. 9401(3). These small changes would make AI hiring firms more responsible for discriminatory screening and selection of job applicants, and better protect applicants who are adversely selected by sex, race, disability and other protected characteristics.

Biglaw's Race Problem, Angela Onwuachi-Willig, Anthony V. Alfieri

Articles

Ever since the 1970s when BigLaw firms began to hire Black lawyers into their associate ranks, these firms have wrestled with problems in both recruiting and retaining Black associates. During the ensuing decades, BigLaw firms have minimally increased the low numbers of Black attorneys who have become partners, particularly equity partners, within their organizations. Numerous scholars have explored how racial bias and discrimination, both within BigLaw firms and greater society, have contributed to such failures in the recruitment, retention, and promotion of Black lawyers. In his new book The Black Ceiling: How Race Still Matters in the Elite Workplace, Professor …

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.